Hiring and Leasing

Leasing to a Bank

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Q: 1. Is it permissible for an Islamic organisation to rent/lease their property out to a bank?
2. If not, and its already leased out, what is the way forward?

: It is not permissible for Muslims to lease premises to a bank. This falls under the Quranic prohibition of aiding and abetting sin. In this case, it is the sin of ribaa.

If premises were already leased to the bank then, firstly, an attempt should be made to cancel the lease. The organisation should consult with its attorneys to see if this is possible, though with banks it might be difficult to do this. So if this is not possible then the next thing to do is to inform the bank that its lease will not be renewed once it expires. Thereafter rental received from the bank should not be used for Musjid or madresa. Instead the organisation should spend it on welfare and social work, such as feeding schemes for the poor, grants to the poor and needy, food parcels, blankets, even bursaries for poor students, etc.

Allah Ta'ala knows best

Mufti Siraj Desai
Darul-Uloom Abubakr
Port Elizabeth
South Africa

Renting a Minaret out

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Q: It has been reported that a telecommunication tower has been put up on the minaarat of a Musjid. The rental paid to the Musjid by the non-Muslim company is then used towards Musjid expenses. Please comment on the permissibility of this action as well as the usage of the income generated from it.

It is permissible to allow this tower to be installed on the minaret of a musjid and to use the income for musjid expenses. The minaret is not part of the musjid, so it is like renting out an area adjacent to the musjid for purposes of income. The sanctity of the musjid will not be compromised or violated and the tower itself is not haraam but will be used for a lawful purpose.

And Allah Ta'ala knows best

Mufti Siraj Desai

Evicting Tenant

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Q: I have a tenant who rents a shop from me selling audio, tv's etc. Despite my many requests this Muslim tenant's staff and wife continuously play the music very loudly. Upon my objections they stop for a while before starting to play loudly again. I have considered going to a lawyer to evict them, but my wife and sister feel that we need the money and that I am being unreasonable. What should I do?

In the first place, it is not permissible for you to let out your premises for the sale of TV and videos. Apart from the loud music, this itself is Haraam. You should take steps to evict these people. Inshaa Allah you will get other tenants who will conduct a Halaal business.

Mufti Siraj Desai

Renting and Water Services

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Q: The building we live in has no water meter. The connection is direct from the underground water pipe which is unlawful. The tenants have requested that the landlord rectify it on many occassions but to no avail. The Metro is laying new water pipes and soon the old pipes will be disconnected.

1. Is the above unlawful?
2. Should the water be cut, what is the responsibility of the landlord towards the tenants?

A. It is the responsibility of the landlord to provide the tenants with water, so this demand should be made from the landlord. We suggest that all the tenants apply pressure on the landlord to rectify the situation before it gets worse. Should the water supply be cut, it will be the landlord’s duty to restore the connection. The current situation is not unlawful but will later on lead to serious complications, therefore the above advice.

And Allah knows best.

Mufti Aadil Moosagie
Checked and approved by: Mufti Siraj Desai

Renting to Bank

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Q: Is it permissable to rent out our premises to the bank?

Letting premises to banks is not allowed, for the core income and basis of all dealings of banks is interest (Ribaa).

Mufti Siraj Desai